The Third Circuit affirmed the district court ruling. A Fourth Amendment seizure requires restraint of a person’s freedom of movement by physical force or show of authority. The seizure of a police officer depends on whether the order is issued in the police department’s capacity as an employer, or in its role as the law enforcement arm of the state.
The Third Circuit recognized whether a police officer would reasonably have perceived his superior officer to be issuing orders as his supervisor or as a law enforcement agent will not always be clear. The Third Circuit held that there was no suggestion the officers were under any criminal investigation.
The officers also argued that their superior officers conducted an unreasonable search when
The Third Circuit recognized whether a police officer would reasonably have perceived his superior officer to be issuing orders as his supervisor or as a law enforcement agent will not always be clear. The Third Circuit held that there was no suggestion the officers were under any criminal investigation.
The officers also argued that their superior officers conducted an unreasonable search when